Trusts and Succession (Scotland) Act 2024

Duty to provide information

29 Trustees’ duty to provide information other than on request

(1) It is the duty of the trustees, on becoming aware that a person is as described in subsection (2)—

(a) to inform the person (or if the person has not attained the age of 16 years, or is incapable, an appropriate person in relation to that person (see section 81(2))) accordingly, and

(b) to disclose with that information—

(i) the names of all the trustees, and

(ii) information sufficient to enable the person (or an appropriate person in relation to that person) to enter readily into correspondence with them.

(2) The persons are—

(a) a beneficiary who has a vested interest in the trust property,

(b) any other beneficiary who the trustees reasonably consider ought to be informed under subsection (1), and

(c) a potential beneficiary, the imminence of whose becoming a beneficiary appears to the trustees to be such that it would be unreasonable not to inform that potential beneficiary under subsection (1).

(3) For the purposes of this section, trustees must take such steps as appear to them to be appropriate in all the circumstances to ensure that beneficiaries and potential beneficiaries are identified and traced.

(4) The information is to be provided within such period as is reasonable in all the circumstances; except that if the person to be informed is a beneficiary who has acquired an immediate interest in the trust property the information must be provided as soon as is reasonably practicable.

(5) In providing information, or making a disclosure, to any person under subsection (1), the trustees need not—

(a) give any advice to that person, or

(b) comment upon the information or disclosure in question.

(6) If information provided by virtue of subsection (1) ceases to be current, the trustees must without delay inform the beneficiary or potential beneficiary (or an appropriate person in relation to the beneficiary or potential beneficiary) of such changes as are needed to update it.

(7) This section—

(a) applies irrespective of when the trust was created, but

(b) except in the case of a beneficiary who has a personal interest in the trust property, does not apply as respects a private purpose trust.

30 Trustees’ duty to provide information on request

(1) It is the duty of the trustees to disclose—

(a) to a beneficiary or potential beneficiary,

(b) where the beneficiary or potential beneficiary has not attained the age of 16 years, or is incapable, to an appropriate person in relation to that person (see section 81(2)),

(c) where the beneficiary or potential beneficiary has attained the age of 16 years and is capable but has instructed a solicitor to act on that person’s behalf, to the solicitor, or

(d) where the beneficiary or potential beneficiary has (wholly or in part) assigned that person’s interest in the trust, to the assignee,

information requested by the beneficiary (or as the case may be by the potential beneficiary, appropriate person, solicitor or assignee) as regards the trust unless the trustees consider it would be inappropriate, in all the circumstances, to make the disclosure.

(2) But subsection (1) is subject—

(a) to the express provisions of the trust deed, and

(b) to the following provisions of this section.

(3) Subsections (1) and (9) do not apply where—

(a) a person is a potential beneficiary (or an appropriate person in relation to, solicitor or assignee of, such a person), and

(b) that person’s interest in the trust is, or would be, so remote as to be of negligible value.

(4) The disclosure—

(a) is to be made in such a way as is appropriate in all the circumstances, and

(b) may be conditional on payment of such expenses as are reasonably incurred by the trustees in making it.

(5) Any duty arising by virtue of paragraph (d) of subsection (1) is without prejudice to any other duty under that subsection.

(6) A disclosure under subsection (1) is to be made as soon as is reasonably practicable after receipt of the request.

(7) It is to be presumed that the trustees will not ordinarily disclose under subsection (1) information requested in respect of—

(a) some other beneficiary or potential beneficiary,

(b) the trustees’ deliberations or reasons for their decisions, or

(c) letters of wishes (that is to say documents in which an account is given, whether or not by the truster, of circumstances which are to be relevant to the exercise by them of a discretion).

(8) The trustees may seek a direction from the court as to the fulfilment of their duty under subsection (1) in relation to a particular request.

(9) The court may, on the application of any person to whom the trustees have declined to disclose information requested under subsection (1), direct the trustees to disclose the information (or such part of that information as may be specified by the court) to the person.

(10) At any time after the trust is created, a person mentioned in subsection (12) may apply to the court for a determination as to whether a limitation on disclosure of information as respects the trust, imposed by the express provisions of the trust deed, is reasonable in all the circumstances.

(11) If, on an application under subsection (10) as respects such a limitation, the court determines that the limitation is not reasonable in all the circumstances it may—

(a) alter the limitation to such extent as it considers expedient having regard to the need for a beneficiary or potential beneficiary to be able to hold the trustees to account at an appropriate time, or

(b) rescind the limitation.

(12) The persons are—

(a) the trustees,

(b) in the case of an inter vivos trust, the truster,

(c) a descendant of the truster,

(d) a beneficiary or potential beneficiary,

(e) a descendant or ancestor of a beneficiary or potential beneficiary,

(f) an appropriate person in relation to a beneficiary or potential beneficiary,

(g) a judicial factor, and

(h) unless the trust deed expressly or impliedly excludes the possibility—

(i) a protector, and

(ii) a supervisor.

(13) Subsection (10) does not apply where—

(a) a person is—

(i) a descendant of the truster,

(ii) a potential beneficiary (or an appropriate person in relation to, solicitor or assignee of, such a person), or

(iii) a descendant or ancestor of a beneficiary or potential beneficiary, and

(b) that person’s interest in the trust is, or would be, so remote as to be of negligible value.

(14) This section—

(a) applies irrespective of when the trust was created, but

(b) except in the case of a beneficiary who has a personal interest in the trust property, does not apply as respects a private purpose trust.

(15) But subsection (14)(a) is subject to subsection (16).

(16) In the period of a year beginning with the day on which this section comes into force, this section does not apply to a trust created before that day.